BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130004476
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of the period of deployment shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states his deployment dates should be changed from "20101217-20110215" to "20101217-20110309."
3. He provides an Enlisted Record Brief (ERB) and orders.
CONSIDERATION OF EVIDENCE:
1. On 27 October 2009, the applicant enlisted in the Regular Army.
2. On 1 December 2010, Headquarters, 1st Infantry Division, Fort Riley, KS, issued Orders RY-335-0057 deploying the applicant to Iraq in support of Operation New Dawn for a period not to exceed 100 days. The orders show he was to proceed on or about 17 December 2010.
3. His Army Military Human Resource Record (AMHRR) contains an ERB dated 9 January 2013. The block in Section I (Assignment Information) designated for entry of overseas service and deployments shows no entries.
4. On 2 March 2013, he was honorably released from active duty. The DD Form 214 he was issued at that time shows in:
* item 12f (Foreign Service) "0000 00 00"
* item 18 (Remarks), in part "SERVICE IN IRAQ-IN SUPPORT OF OPERATION NEW DAWN: 20101217-20110215"
5. During the processing of this case, a staff member of the Defense Finance and Accounting Service (DFAS) reviewed the applicant's Master Military Pay Account and verified that he received hostile fire (HF)/imminent danger pay (IDP) and the combat-zone tax exclusion (CZTE) for Kuwait for the period 20 December 2010 through 5 March 2011.
6. He provides an ERB, dated 29 January 2013, showing he was deployed to Iraq from 17 December 2010 to 9 March 2011.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states:
a. for item 12f, from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. for item 18, for an active duty Soldier deployed with his unit during his continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows an error of omission on the applicant's DD Form 214. Although the ERB in his AMHRR shows no foreign service, he has provided an ERB showing he served in Iraq from 17 December 2010 to 9 March 2011, a period of 2 months and 21 days.
2. DFAS records do not show the same period or location of deployed service as that shown on the ERB he provides. Their records show he received HF/IDP and the CZTE for Kuwait. DFAS records do roughly confirm the period shown on the ERB. Regarding location, DFAS records nearly always show Kuwait (a common point of entry into the theater) even if a Soldier continued on into Iraq. As such, this should not be taken as evidence of an error in the location of deployed service shown in item 18 of the applicant's DD Form 214.
3. Upon review of the available evidence, there is no reason to doubt the accuracy of the deployed service shown on the ERB provided by the applicant. It appears this information was not available to the transition center when his DD Form 214 was prepared, which resulted in an administrative error in recording his foreign service and the dates of his deployment. In light of the available evidence, it would be appropriate to:
a. correct item 12f to show he completed 2 months and 21 days of foreign service and
b. correct the entry in item 18 documenting deployed service to show he was deployed from 17 December 2010 to 9 March 2011.
BOARD VOTE:
___X__ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:
* item 12f replace the current entry with "0000 02 21"
*
* item 18 delete the entry "SERVICE IN IRAQ-IN SUPPORT OF OPERATION NEW DAWN: 20101217-20110215" and replace it with "SERVICE IN IRAQ: 20101217-20110309"
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130004476
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004476
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